Grave Risk – Art. 13(1)(b)
There was no immediate grave risk that the return of the child would expose her to a physical or psychological danger or place her in an intolerable situation. In this the court noted that the child had had her principal residence with her father in the United States since September 1996.
The father offered several undertakings to the court, notably he promised to take the child to France four times a year for at least one week each time and he would also allow the child to see her mother when they were in Italy on vacation.
Objections of the Child to a Return – Art. 13(2)
The child was heard by the court but while she indicated a preference for life in France, she did not oppose a return to the United States.
Human Rights – Art. 20
There was no evidence to indicate that the order of the Superior Court of San Diego was contrary to French public policy. Moreover, the return of the child would not give rise to a breach of human rights or of fundamental freedoms since the mother enjoyed a right of contact with the child.
The mother was ordered to pay the costs of the appeal and the father’s costs of 35000 francs.